West Virginia Code § 55-10-19

Witnesses; subpoenas; depositions; discovery
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(a) An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and, upon
motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the
manner for enforcement of subpoenas in a civil action. e
(b) In order to make the proceedings fair, expeditious and cost effective, upon request of a
party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of
any witness to be taken for use as evidence at the hearing, incluuding a witness who cannot
be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the
conditions under which the deposition is taken. t
(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the
circumstances, taking into account the needs of the parties to the arbitration proceeding and
other affected persons and the desirability of makinlg the proceeding fair, expeditious and
cost effective. s
(d) If an arbitrator permits discovery undeir subsection (c) of this section, the arbitrator may
order a party to the arbitration procgeeding to comply with the arbitrator's discovery-related
orders, issue subpoenas for the attendance of a witness and for the production of records
and other evidence at a discovery proceeding and take action against a noncomplying party
to the extent a court could if the controversy were the subject of a civil action in this state.
(e) An arbitrator may issue a protective order to prevent the disclosure of privileged
information, confidential information, trade secrets and other information protected from
disclosure to the extent a court could if the controversy were the subject of a civil action in
this state.
(f) All laws compelling a person under subpoena to testify and all fees for attending a judicial
proceeding, a deposition or a discovery proceeding as a witness apply to an arbitration
proceeding as if the controversy were the subject of a civil action in this state.
(g) The court may enforce a subpoena or discovery-related order for the attendance of a
witness within this state and for the production of records and other evidence issued by an
arbitrator in connection with an arbitration proceeding in another state upon conditions
determined by the court so as to make the arbitration proceeding fair, expeditious and cost
effective. A subpoena or discovery-related order issued by an arbitrator in another state
must be served in the manner provided by law for service of subpoenas in a civil action in
this state and, upon motion to the court by a party to the arbitration proceeding or the
arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil
action in this state.

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